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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Contract variation

This Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can

Analysing vertical agreements under competition law

This Practice Note is important first stage reading for analysing vertical restraints, that is, restrictions in vertical agreements caught by Article

Deeds

Under English law legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which a

Practice notes

Sale and supply of services contracts

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

Produced in partnership with Athena Markides 20th Oct

In-house

Practice notes

Late Payment of Commercial Debts (Interest) Act 1998

The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates rights for businesses (and organisations in the public...

16th Oct

In-house

Practice notes

Business to business e-commerce—legal issues

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

14th Oct

In-house

Practice notes

Termination and expiry of contracts

This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...

14th Oct

COVID-19

In-house

Practice notes

Electronic signatures

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...

30th Sep

COVID-19

In-house

Practice notes

Guarantees and indemnities—general contract

This Practice Note summarises the key elements of guarantees and indemnities, the circumstances in which they are used, issues that beneficiaries and...

25th Sep

In-house

Practice notes

Boilerplate clauses in business-to-consumer contracts—specific clauses

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

25th Sep

In-house

Practice notes

Implied terms in contracts for goods and services

This Practice Note considers implied terms in contracts for goods and services, being the implied terms incorporated into contracts for the sale and...

25th Sep

In-house

Practice notes

Consumer Rights Act 2015—goods

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

25th Sep

In-house

Practice notes

Heads of terms

This Practice Note considers heads of terms (also known as a memorandum of understanding (MoU), letter of intent (LOI), comfort letter, pre-contract...

25th Sep

In-house

Practice notes

Execution formalities—companies

This Practice Note provides practical guidance on the execution of documents by companies after 6 April 2008 (being the date on which the relevant...

25th Sep

In-house

Practice notes

How to terminate an agreement

IntroductionAs commercial lawyers, we are used to being instructed to advise in connection with the formation of a commercial relationship. Even if,...

25th Sep

In-house

Practice notes

Non-compete clauses in commercial agreements

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

25th Sep

In-house

Practice notes

Repudiation

This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...

25th Sep

In-house

Practice notes

Reasonable and best endeavours

This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in...

25th Sep

In-house

Practice notes

Executing documents—deeds and simple contracts

This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences...

25th Sep

COVID-19

In-house

Most recent Contracts content

Practice notes

Incoterms® 2010 Rules—DDP Delivered duty paid

The ICC publications are produced here with the permission of ICC Publishing SA. These and other ICC publications are available from ICC Publishing...

25th Sep

Practice notes

Contract interpretation—the parol evidence rule

In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the...

25th Sep

Practice notes

Expert determination

Expert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract...

25th Sep

Practice notes

Mistake in contract law

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as...

25th Sep

In-house

Practice notes

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...

25th Sep

Practice notes

Limitation—the principal limitation periods

The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...

25th Sep

COVID-19

In-house

Practice notes

Discharge by frustration

Coronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19) toolkit—Contracts•Coronavirus...

25th Sep

COVID-19

In-house

Practice notes

Repudiation

This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the...

25th Sep

In-house

Practice notes

Guarantees

Guarantees are typically used in banking transactions as a form of collateral for a debt. In such circumstances, they are a contractual arrangement...

25th Sep

Practice notes

Contract interpretation—interpreting entire agreement clauses

Parties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is...

25th Sep

Practice notes

Contract interpretation—admissibility of pre-contractual negotiations and statements

When advising on contractual construction you should consider:•the guiding principles used by the court when interpreting the meaning of contracts,...

25th Sep

Practice notes

Affirmation

Affirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:•a repudiatory breach of contract,...

25th Sep

Practice notes

Early Neutral Evaluation (ENE)

This Practice Note explains what early neutral evaluation (ENE) is. It provides guidance on the interpretation and application of the relevant...

25th Sep

Practice notes

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...

25th Sep

In-house

Practice notes

Contract formation—jurisdictional guide

This guide sets out the requirements for the formation of contracts in various international jurisdictions. The table provides a quick-reference...

25th Sep

Practice notes

Brussels I (recast)—choice of court agreements (art 25)

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...

25th Sep

Practice notes

Incoterms® 2020 Rules—DDP Delivered duty paid

This Practice Note comprises the guidance note to the DDP Delivered duty paid Incoterm in the Incoterms® 2020 rules, produced here with the permission...

25th Sep

Practice notes

Incoterms® 2010 Rules—DAP Delivered at place

The ICC publications are produced here with the permission of ICC Publishing SA. These and other ICC publications are available from ICC Publishing...

25th Sep

Practice notes

Incoterms® 2010—introduction

The ICC publications are produced here with the permission of ICC Publishing SA. These and other ICC publications are available from ICC Publishing...

25th Sep

Practice notes